Idaho v. Lori Vallow Daybell: Trial day 4

CBS2 is covering the trial and updates will be added to this story throughout the day.

3:45 pm update: Detective Nathan Duncan testifies until court is adjourned.

Detective Nathan Duncan of the Chandler Police Dept. will take the stand next.He's been with Chandler Arizona Police Department for 23 years.

Duncan talked about responding to a call from Alex Cox indicating he shot his brother-in-law twice in the chest in self defense. A dispatch report says the call came through at 8:36 a.m. in July 2019. Officers were sent out at 8:37 a.m. On July 11, when Duncan arrived at the scene, Charles Vallow was already dead.

Duncan describes where Charles' body was found: no furniture in the room except for mirrors. Charles was laying on his back in the living room, and his shirt was cut away to expose his chest. There was medical equipment on his chest to confirm death.

Duncan said one gun shot wound to the lower left quadrant of Charles' abdomen was visible. Duncan added usually there would be more blood after a shooting, but there was very little present. He eventually saw two shell casings near Charles' body.

Duncan said based on what he and the officers found, Charles was already laying on the ground when the second shot was fired.

Duncan said he looked through Charles' phone, and in the weeks after Charles' homicide, they had learned about the belief that he'd become a "dark spirit" with accusations of infidelity.

A recorded phone call between Chad and Alex Cox is entered into the record. The call begins with Chad giving Alex a patriarchal blessing, then goes on to tell Alex that "you have already assisted us in ways that cannot be repaid...you had to go to great depths to achieve great heights." Court is adjourned for the day.

1:33 pm update: Melani Gibb finishes her testimony and cross-examination.

Melani Gibb continued testifying under direct examination from the prosecution. She testified that she didn't believe what Lori was teaching her and became more and more distrusting of Lori as she saw that people who disagreed with Lori or did things that she didn't like would then be deemed "dark" or "possessed" by Chad and Lori. Gibb testified that Tylee, JJ, and Tammy Daybell had all been considered "dark" by Lori before they died. Tammy Daybell had grown suspicious that Chad was having an affair and then Chad and Lori told Gibb that she was "possessed by a dark spirit" just two weeks before she died.

11:32 am update: Objection your honor.

Prosecution finished their direct examination of Melanie Gibb, Lori's once best friend. Gibb testified that Lori had been "having dreams of Tammy Daybell dying." Gibb says that Lori told her that Tammy was growing suspicious of their relationship and was coming to believe that Chad was having an affair just two weeks before Tammy Daybell died. Prosecution rested, but right as the defense began cross-examination they called for an objection over the entire witness testimony provided by Melanie Gibb is inappropriate due to witness preparation meetings she had with the prosecution prior to her testimony. The defense wants her entire testimony stricken from the record.

Judge Boyce has the jury removed from the courtroom so he can clarify the objection not in the presence of the jury. Judge Boyce asked "you're asking me to tell the jury to disregard everything they have heard today?" Defense counsel says he made this objection two days ago but was struck down by the court. Judge Boyce says after reviewing the case law the objection is unfounded and the motion to strike the testimony is overruled.

10:40 am update: Melanie Gibb takes the stand

Melanie Gibb, a former friend of Lori's, discussed her relationship with Lori. Melanie met Tylee at Lori's house within a week or two after meeting Lori.Melanie said Tylee seemed upset and frustrated with Lori most of the time, and there appeared to be some tension in that relationship.

Melanie said she met JJ within about a week or two of meeting Lori. She said Lori was very loving and affectionate and seemed to care about JJ. Melanie said there were other times where Lori seemed, "distracted a lot." Melanie said she would see Lori daily until about Jan. 2019 when Lori started moving around.

Melanie then started talking about seeing Lori and Chad meeting for the first time at a conference in Utah. Melanie said, "[Lori] seemed very interested in [Chad]" and that she was "a little flirty as well." Lori told Melanie that Chad said Lori and him were married in another time period. Lori said she believed Chad.

After the conference, Melanie said Lori and Chad kept in touch. Melanie said Chad came to Arizona for another conference and stayed at Lori's house, and she believes Lori's husband had been out of town at the time.

Melanie discussed when Lori told Melanie how she felt "part of the 144,000," and that she was the head of it. Soon after meeting Chad, Lori started talking about "light and dark." Melanie said Lori had taught these things to other friends, and these teachings evolved over time. At first, they were working under the contract of Satan.

Lori told Melanie, "Satan interfered with the plan." Lori would envision [her and Chad's'] spouses passing away so they could be together. Melanie remembers because "Charles was dark, he needed to pass away."

Lori used the term "zombie" to describe people who were "dark." Melanie remembers Charles, Brandon Boudreauz, one of her brother's (not Alex) and eventually Lori’s dad, then Tylee, Kay and later JJ were considered "dark."

Melanie said if Tammy was considered "dark," it was right before she passed away. Approximately Sept. 2019 was the first time Melanie remembers when JJ was considered “possessed.”Melanie said sometime around Feb.-Jun. 2019, Lori told her Tylee was "dark."

Melanie recalls Lori telling her about the time Charles was shot. Charles was argumentative with Lori while JJ was in the car. Charles was angry because Lori took his phone. Tylee came out with a baseball bat, and Lori felt the need to protect them. The conversation became heated, Alex went to get his gun to protect them and shot Charles.

Melanie recalls Lori and Chad being happy after Charles died.

Melanie recalls Lori telling her she was intimate with Chad while both of their spouses were still alive. Melanie said Lori thought the relationship was okay because, "It was according to God's will."

Melanie remembers Lori expressed a desire to stop caring for JJ and that she would ask Kay to watch him from then on. Melanie says the last time she saw Tylee was in July-Aug. 2019 before Lori, Alex and the kids had moved to Idaho.

Melanie recalls visiting Lori's home in Idaho in late Sept. 2019 and not seeing Tylee. When Melanie asked about Tylee's belongings, Lori did not want to talk about her. Lori said Tylee was at BYU-Idaho.

During this visit, Lori said JJ had an evil spirit in him, and Lori learned this the day before from Chad. Lori said JJ’s behavior was getting more difficult, that he would say, “I love Satan,” and would act more aggressive. Melanie said JJ's behaviors seemed consistent with any 7-year-old child with autism.

The last time Melanie says she saw JJ was on Sept. 22, 2019, when Alex was taking him up to his room. Melanie said she had left the next day and did not recall seeing JJ.

When police were looking for JJ, Melanie says Chad told her not talk to talk to police.Melanie did not answer law enforcement right away, but eventually talked with a Gilbert officer and said she previously had JJ, but now she did not. Melanie said she never had him and did not know what to do.

Melanie did tell police she never had JJ and told them what she knew. Melanie remembers wondering why Kay would be looking for JJ if she was with him. Melanie recalls Lori telling her she had asked Kay to watch JJ.

Melanierecalls Lori saying JJ's life was in danger, and Kay was trying to kidnap him which is why Melanie did not know what to say to police.Lori also said she told police Melanie had JJ and they were watching Frozen together. Lori asked Melanie to take photos of kids running around the movie theater.

Idaho v. Lori Vallow Daybell: Trial day 4:

Lori Vallow Daybell is charged with two counts of first-degree murder, conspiracy, and grand theft in connection with the death of her two children, JJ Vallow and Tylee Ryan. Lori is charged with her husband, Chad Daybell who does not yet have a trial date.

Yesterday concluded while Detective Hermosillo was being cross-examined by defense counsel. Hermosillo testified about the gruesome details of finding JJ and Tylee's bodies buried in Chad Daybell's backyard. He will return to the stand this morning so that defense can finish their cross-examination. To get caught up on what happened yesterday, click here.

The CBS2 original podcast covering the trial, and what led up to this point - Gem State: The Trials of Chad and Lori Daybell Click the link to listen wherever you get podcasts, or you can listen right from the player below:

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